N.Y. Environmental Conservation Law § 15-0511: Alterations to watercourses and lakes; inspection and correction; illegal impounding of waters

§ 15-0511. Alterations to watercourses and lakes; inspection and

correction; illegal impounding of waters.

1. Whenever in the judgment of the commissioner, public safety

requires, or an illegal excavation, fill, or dam exists in or on the

waters of the state, the commissioner may cause an investigation to be

made of the nature of the hazard or violation and its probable effect on

the health, safety and welfare of the people of the state, and the

effect on the environment and natural resources including forests, soil,

water, fish and wildlife.

2. In addition to any other power set forth in this chapter,

including the power to issue an order pursuant to section 71-0301 of

this chapter, the commissioner shall have the power, after hearing on

due notice, to issue an order, setting forth the findings of fact and

conclusions therefrom, directing any person or local public corporation,

who hereafter makes or allows to be made or is making an illegal or

unsafe excavation or fill, or who constructs an illegal dam, to conduct

studies, investigations, and analyses necessary to evaluate the safety

of the structure, including but not limited to visual inspections,

measurements, foundation exploration and testing, materials testing,

hydraulic and hydrologic analyses, structural stability analysis and

seepage investigations and to remove, replace or correct the dam or

excavated or filled materials, within such reasonable time and in such

manner as shall be specified in said order, and it shall be the duty of

every such person or local public corporation to obey, observe and

comply with such order and with the conditions therein prescribed. The

provisions of title 9 of this article with respect to administrative

procedures shall be applicable to hearings under this section.

3. It shall be unlawful for any person or local public corporation to

fail, omit or neglect to comply with such order within a reasonable time

as designated by the commissioner.

4. Upon the violation of any such order, the commissioner, or a duly

appointed representative, shall have power to enter upon the lands and

waters where such illegal or unsafe disturbances are located for the

purpose of removing, replacing or correcting the same and to take such

other and further precautions which the commissioner may deem necessary

to safeguard life or property or protect the environment of the state

against danger occasioned by the presence of the illegal or unsafe

excavation, fill or dams. In removing or replacing such structures or

other properties so affected the commissioner shall not deviate from the

method, manner and specifications contained in the original order.

5. The commissioner shall certify the amount of the costs and expenses

incurred by the department and any state departments for the removal or

replacing aforesaid in anywise connected therewith to the county

legislative body of the county or counties in which the said lands and

waters are located, whereupon it shall be the duty of such county

legislative body of each county to add the amount so certified to the

assessment rolls of such locality or localities as a charge against the

real property upon which the excavation, fill or dam is located,

designated or described by the commissioner as chargeable therewith, and

to issue its warrant or warrants for the collection thereof. Thereupon

it shall become the duty of such locality or localities through their

proper officers to collect the amount so certified in the same manner as

other taxes are collected in such locality or localities and when

collected to pay the same to the department which shall thereupon pay

the same into the State Treasury. Any amount so levied shall thereupon

become and be a lien upon the real property affected thereby to the same

extent as any tax levy becomes and is a lien thereon. The department

may also assert other rights of recovery as may exist by law for such

costs and expenses incurred.